HomeMy WebLinkAbout20154011.tiff BEFORE THE WELD COUNTY, COLORADO . PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Johnson , that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER. USR15-0056
APPLICANT- LEE DETTERER
PLANNER DIANA AUNGST
REQUEST. A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT. AN ACCESSORY
USE. OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL
ZONE DISTRICTS (RV AND BOAT STORAGE. AN OFFICE BUILDING. AND A
DUMP STATION) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN
APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A MAP
OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING
SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION. LOT B AMD REC EXEMPT AMRE-984 BEING PART NW4NE4 SECTION 25 T6N.
R67W OF THE 6TH P M WELD COUNTY. COLORADO
LOCATION - NORTH OF AND ADJACENT TO CR 64.75 AND WEST OF AND ADJACENT TO
CR 23.75
be recommended favorably to the Board of County Commissioners for the following reasons:
1 . The submitted materials are in compliance with the application requirements of Section 23-2-260 of the
Weld County Code.
2 . It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-2-
220 of the Weld County Code as follows:
A. Section 23-2-220.A. 1 . -- The proposed use is consistent with Chapter 22 and any other applicable
code provisions or ordinance in effect.
Section 22-2-20. G - A. Goal 7 states, "County land use regulations should protect the individual
property owner's right to request a land use change. " And Section 22-2-20. G. 2 - A. Policy 7. 2 states.
"Conversion of agricultural land to nonurban residential, commercial. and industrial uses should he
accommodated when the subject site is in an area that can support such development, and should
attempt to be compatible with the region. "
Phase 1 will consist of a 9 . 5 acre area along the southern border and will accommodate about 450
RVs. boats, and other associated vehicles and trailers. Phase 2 will consist of a 10 acre area north of
phase 1 and will provide storage for 450-800 RVs and boats. The land for phase 2 will be kept in
alfalfa until the storage demand requires expansion. There may be covered storage built in the future.
A 10x16 ( 160 square foot) office is being proposed as well as a restroom and an RV dump station.
The hours of operation are proposed to be March 1 to October 31 — 6:00 a. m . to 10:00 p. m _ and
November 1 to February 28 — 6: 00 a.m . to 8:00 p.m. and by appointment after hours. There will be 2-3
full-time employees/owners that will operate and manage the business and 4-5 part-time employees.
The property will be screened with a 6 foot steel panel fence on the south and east and a chain link
fence on the west and north. The north side of phase 1 will be fenced with 6 ft. chain link fencing
material allowing for easy removal when constructing phase 2 . Upon expansion to phase 2 the west
fence will be constructed. The east and south perimeters may be lined with berms, if site soils are
available. covered in drought tolerant grass. Trees are proposed along CR 64.75 and CR 23.75.
Light poles will be 20 feet to 24 feet tall with shielded LED lights equipped with sensors and timers
positioned through-out the facility to provide additional safety and security_ No exposed bulbs are
allowed per the Weld County Code.
The screening, fencing. landscaping, and shielded lights assist in mitigating the impa • a - -
on the adjacent properties and ensure compatibility with surrounding land uses. EXHIBIT 1 maw
a3c/5—�0/ /
RESOLUTION USR15-0056
LEE DETTERER
PAGE 2
B. Section 23-2-220.A.2. -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District Section 23-3-40 . S. which allows a Site Specific Development Plan and Use by Special Review
Permit for any use permitted as a Use by Right. an Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone Districts, (RV and boat storage, an office building and a dump station)
provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a
map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural)
Zone District.
C . Section 23-2-220 .A. 3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The adjacent lands consist of pastures, crops, and rural residences. The railroad borders the site on
the north . There is a house on the parcel that is north and adjacent to this site . The owner of this
residence will be an employee for this USR. The Hillcrest Subdivision is located north east of the site
and north of the Great Western railroad tracks_ The Weld County Department of Planning Services
has not received any correspondence objecting to this USR. The applicant provided letters from three
(3) surrounding property owners that state that they do not object to this RV and boat storage USR.
There are six (6) USRs located within one mile of this parcel. MUSR14-0008 for a kennel and USR-
942 for farm equipment and sales are located northwest of the site. Amended USR-1144 for a 3000
head dairy is located northeast of the site. USR-1657 for a mineral resource development facility and
Amended USR-1125 for gravel mining are located south of the site. USR- 1541 for oil and gas
production facility is located southwest of the site.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development
of the surrounding area as permitted by the existing zoning and with the future development as
projected by Chapter 22 of the Weld County Code and any other applicable code provisions or
ordinances in effect, or the adopted Master Plans of affected municipalities.
The site is located within the three (3) mile referral area of the City of Greeley, and the Towns of
Windsor and Severance. The Town of Severance in their referral comments, dated September 4.
2015. indicated that they have no concerns. The City of Greeley in their referral comments. dated
October 1 , 2015, recommended development standards on landscaping . fencing materials, and
lighting, paving of drive aisles and parking areas. and buffering in the form of berms. fences,
landscaping , or walls. The City of Greeley comments also state:
"If in the future, City of Greeley water and sanitary sewer service is requested to the property.
then annexation into the City of Greeley will be required prior to the City of Greeley providing
utility service. The City of Greeley does not currently provide utility services in the area of the
subject property. The City of Greeley and North Weld County Water District (NWCWD) have a
Water Service Agreement for providing water in this area. Please note that the City of Greeley
has first right of refusal for providing water to the subject property in accordance with the
executed Water Service Agreement; dated February 5th, 2013_ The City of Greeley agrees to
NWCWD being the water service provider for the subject property. The City of Greeley is in
agreeance with Windsor-Severance Fire Marshall that the available fire flow of 750 gpm will be
adequate for the proposed development as shown in this USR. If additional structures are
proposed in the future. the fire protection plan for the subject property should be reexamined at
that time. City of Greeley's 2035 Comprehensive Transportation Plan indicates that Weld County
Roads 64.75 and 23. 75 are classified as 2 lane minor arterial roadways, which require a 100 feet
total public right-of-way (50 feet half right-of-way) measured from the centerline of the road.
Thank you for calling out the future north half right-of-way for 64.75. Please show the future right-
of-way line for 23.75 on the site plan. Also note that all proposed structures (buildings and paved
areas) require a minimum set back of 25 feet from the future right of way line. The subject
property is within the Consolidated Law Ditch 100-year floodplain. The entire subject property is in
flood zone "A" . The approximate floodplain becomes effective on January 20, 2016. Please
reference NFIP 44 CFR 60.3 (b) for requirements pertaining to an approximate floodplain. The
City of Greeley is in the process of working with Weld County on the future alignment of WCR
64.75/64. 5 to the east of the subject property. The proposed alignment may affect the proximity of
the subject property's southern boundary to WCR 64.75 along the east half of the property. The
proposed alignment at
S
RESOLUTION USR15-0056
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this time will not require any changes to the layout of the proposed development as shown on this
submittal . "
The applicant has been in contact with the City of Greeley and is working to address the City's
concerns.
The Town of Windsor, in their referral comments dated September 21 . 2015, state:
"The proposed development is located outside of and east of the Town's Growth Management
Area (GMA) , Community Influence Area (CIA) and Windsor's East Side Industrial Subarea Plan.
However, the property is located adjacent to Windsor's corporate limits and accesses WCR 64.75
(Eastman Park Drive) which has been annexed by the Town of Windsor to the approximate
southwest corner of the subject property In addition. the proposal is located along an entryway
into the Town of Windsor that experiences high volumes of commuter and truck traffic throughout
the day. Should the proposed Use by Special Review be approved. the Town of Windsor would
respectfully request that the following items be addressed in any conditions of approval:
1 . The proposed development is located in the floodplain depicted on the Weld County
Digitized Flood Insurance Rate Map. A floodplain development permit will need to be
obtained from Weld County.
2 . Access permits and improvements:
a. Given the location of the access point to the property, any access and road
improvements will need to be coordinated between Weld County. Greeley and
Windsor regarding the respective portions of WCR 64. 75 that converge at this
location.
b. Due to the change of use and potential impacts to traffic on WCR 64. 75. an
access permit should be applied for and granted by the appropriate governing
body .
c. The access should be realigned to be perpendicular to WCR 64. 75.
d. Any road geometry identified by jurisdictional master plans. traffic studies. street
standards etc. should be incorporated into the development. Common road
improvements typically required for developments along arterials include
acceleration . deceleration, and left turn lanes.
3. Please coordinate with the appropriate Fire Marshal regarding fire hydrant and access
requirements.
4. Earth berms and landscape buffers should be incorporated into plans to screen views of
the storage yard from WCR 64.75.
5. Solid or privacy fencing should be incorporated along the western side of the site to
screen the storage yard from traffic and adjacent properties.
6. Landscaping should be included around the office and sign .
7. Light sources shall be concealed or shielded so as to minimize uplight, spill-light, glare
and unnecessary diffusion on neighboring properties.
8 . Please consider the oil, chemicals. and debris associated with RV, boat, and truck
parking, especially when located in the floodplain, and how water quality will be
addressed."
The applicant responded in writing to Windsor's referral agency comments and stated that they
are working with the County concerning the floodplain and with Greeley concerning the access
point. The applicant submitted documentation from the Fire Marshal with the application
addressing the fire hydrant. The applicant also stated that fencing . landscaping , and buffers. will
screen the use from CR 64.75 . Light sources are required to be shielded and no exposed bulbs
are allowed per the Weld County Code. The Weld County Department of Public Health and
Environment has included Development Standards that address oil. etc. associated with RV.
boat, and truck parking.
E. Section 23-2-220.A. 5 -- The application complies with Chapter 23. Article V, of the Weld County
Code. The existing site is within the County-Wide Road Impact Fee Area and the Capital Expansion
Impact Fee area.
Building Permits issued on the lot will be required to adhere to the fee structure of the County-Wide
Road Impact Fee Program .
RESOLUTION USR15-0056
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Building Permits issued on the proposed lot will be required to adhere to the fee structure of the
County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural
land in the locational decision for the proposed use.
The proposed facility is located on soils designated as "Prime (Irrigated)" per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map. The historic use of the parcel was
cropland on a center pivot. The USR will take about 23 acres of Prime (Irrigated) Farmland out of
production . However, the site is surrounded on three sides by industrially zoned land and the
northern boundary is the Great Western Rail .
G Section 23-2-220.A.7 -- There is adequate provisions for the protection of the health , safety. and
welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-
250. Weld County Code). Conditions of Approval and Development Standards can ensure that there
are adequate provisions for the protection of health , safety, and welfare of the inhabitants of the
neighborhood and County.
This recommendation is based , in part. upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1 . Prior to recording the map
A. The applicant shall attempt to address the requirements of the Whitney Irrigation Company, as stated
in the referral response dated November 16, 2015. Written evidence of such shall be submitted to the
Weld County Department of Planning Services. (Department of Planning Services)
B. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required. (Department of Planning Services -
Engineer)
C . The map shall be amended to delineate the following:
1 ) All sheets of the map shall be labeled USR15-0056. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260. D of the Weld County Code. (Department of
Planning Services)
4) The applicant shall delineate the trash collection areas. Section 23-3-350. H of the Weld County
Code addresses the issue of trash collection areas. (Department of Planning Services)
5) The map shall delineate the landscaping and/or screening. (Department of Planning Services)
6) The map shall delineate the lighting. (Department of Planning Services)
7) Show and label the approved access (AP15-00469) on CR 23.75 and the appropriate turning radii
on the site plan. (Department of Planning Services - Engineer)
8) Show the approved City of Greeley access on the site plan and label with the approved access
permit number if applicable. (Department of Planning Services -Engineer)
RESOLUTION USR15-0056
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PAGE 5
9) Show and label the approved tracking control on the site plan (Department of Planning Services
- Engineer)
10) Show and label the accepted drainage features and drainage flow arrows on the site plan. Water
quality features or stormwater ponds should be labeled as "Water Quality Feature/Stormwater
Detention, No-Build or Storage Area, Volume = "TBD" (Department of Planning Services -
Engineer)
11 ) Show and label all easements with the reception number and date of recording on the site plan .
(Department of Planning Services - Engineer)
12) Show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study_
(Department of Planning Services - Floodplain)
2 . Upon completion of Condition of Approval #1 above. the applicant shall submit one ( 1 ) paper copy or one
( 1 ) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning
Services. Upon approval of the map the applicant shall submit a Mylar map along with all other
documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the
Weld County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in
accordance with the requirements of Section 23-2-260. D of the Weld County Code. The Mylar map and
additional requirements shall be submitted within one hundred twenty (120) days from the date of the
Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording
fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance #2012-3. approved April 30, 2012. should the map not
be recorded within the required one hundred twenty ( 120) days from the date of the Board of County
Commissioners Resolution. a $50 .00 recording continuance charge shall added for each additional three
(3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this Use by Special Review,
as appropriate. Acceptable CAD formats are .dwg. .dxf. and .dgn (Microstation) : acceptable GIS formats
are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif
(Group 4) . (Group 6 is not acceptable). Thisdigitalfilemaybesenttomaps@co.weld.co.us. (Department
of Planning Services)
5. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on-site construction.
(Department of Planning Services - Engineer)
B. If more than one ( 1 ) acre is to be disturbed . a Weld County Grading Permit will be required.
(Department of Planning Services - Engineer)
6. The Use by Special Review activity shall not occur. nor shall any building or electrical permits be issued
on the property. until the Use by Special Review map is ready to be recorded in the office of the Weld
County Clerk and Recorder or the applicant has been approved for an early release agreement.
(Department of Planning Services)
I
RESOLUTION USR15-0056
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Motion seconded by Bruce Sparrow.
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
Gene Stille
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings
CERTIFICATION OF COPY
I , Kristine Ranslem, Recording Secretary for the Weld County Planning Commission . do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County.
Colorado, adopted on November 17. 2015.
Dated the 17th of November. 2015.
Digitally signed by Kristine Ranslem
diStiemint, stadia/km_ Date: 2015.1 1 . 19 10: 15:46 -07'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Lee Detterer c/o Scott McBride
USR15-0056
1 . A Site Specific Development Plan and Use by Special Review Permit. USR15-0056, for any use permitted
as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone
Districts. (RV and boat storage, an office building and a dump station) provided that the property is not a
lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any
regulations controlling subdivisions in the A (Agricultural) Zone District. . subject to the Development
Standards stated hereon. (Department of Planning Services)
2 . Approval of this plan may create a vested property right pursuant to Section 23-8- 10 of the Weld County
Code. (Department of Planning Services)
3. The number of on-site employees shall be 3 full-time employees and 5 part-time employees. as stated by
the applicant. (Department of Planning Services)
4. The hours of operation are:
March 1 to October 31 — 6: 00 a. m. to 10:00 p. m .
November 1 to February 28 - 6:00 a.m. to 8:00 p. m .
And by appointment after hours. as stated by the applicant. (Department of Planning Services)
5. No derelict vehicles, as defined in Section 23-1 -90 of the Weld County Code, shall be stored on the site.
(Department of Planning Services)
6. There shall be no storage of industrial and/or commercial vehicles, equipment and materials allowed on
site. (Department of Planning Services)
7. All vehicles located on the property must be operational with current license plates and tags. (Department
of Planning Services)
8. No hazardous materials shall be stored on site. (Department of Planning Services)
9. The parking on the site shall be maintained. (Department of Planning Services)
10. The landscaping/screening on the site shall be maintained. (Department of Planning Services)
11 . All signs shall adhere to Chapter 23, Article IV. Division 2 and Appendices 23-C. 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
12. A Flood Hazard Development Permit is required for all construction or development occurring in the
floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM
Community Panel Map #08123C-1504E effective date January 20, 2016 (John Law Ditch Floodplain) .
Any development shall comply with all applicable Weld County requirements, Colorado Water
Conservation Board requirements as described in Rules and Regulations for Regulatory Floodplains in
Colorado. and FEMA regulations and requirements as described in 44 CFR parts 59, 60. and 65. The
FEMA definition of development is any man-made change to improved or unimproved real estate.
including but not limited to buildings or other structures. mining, dredging . filling, grading . paving,
excavation. drilling operations. or storage of equipment and materials. (Department of Planning Services -
Floodplain)
13. Should noxious weeds exist on the property or become established as a result of the proposed
development. the applicant/landowner shall be responsible for controlling the noxious weeds. pursuant to
Chapter 15, Articles I and II . of the Weld County Code (Department of Planning Services - Engineer)
14. The site shall be maintained to mitigate any impacts to the public road including damages and/or offsite
tracking. (Department of Planning Services - Engineer)
RESOLUTION USR15-0056
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15. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized.
(Department of Public Works)
16. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Planning
Services - Engineer)
17. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Planning Services - Engineer)
18. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act. 30-20- 100. 5,
C. R.S. ) shall be stored and removed for final disposal in a manner that protects against surface and
groundwater contamination. (Department of Public Health and Environment)
19. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes
specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities
Act, 30-20-100.5, C . R.S. (Department of Public Health and Environment)
20. Waste materials shall be handled . stored, and disposed in a manner that controls fugitive dust. fugitive
particulate emissions, blowing debris, and other potential nuisance conditions. The facility shall operate in
accordance with Chapter 14. Article 1 of the Weld County Code. (Department of Public Health and
Environment)
21 . Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the
Colorado Air Quality Commission's air quality regulations. (Department of Public Health and Environment)
22. This facility shall adhere to the maximum permissible noise levels allowed in the Non-specified Zone as
delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and Environment)
23. Adequate drinking. hand washing and toilet facilities shall be provided for employees and patrons of the
facility, at all times. Sewage disposal for the facility shall be by septic system . Any septic system located
on the property must comply with all provisions of the Weld County Code, pertaining to Onsite Waste
Water Treatment Systems. (Department of Public Health and Environment)
24. RV dump stations shall be connected to an appropriately engineer designed Onsite Waste Water
Treatment System which complies with all provisions of the Weld County Code, pertaining to Onsite
Waste Water Treatment Systems. (Department of Public Health and Environment)
25. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the
Weld County Code. (Department of Public Health and Environment)
26. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where
such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the
plan. Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators
of motor vehicles on public or private streets. No colored lights may be used which may be confused with ,
or construed as, traffic control devices. (Department of Planning Services)
27. A building permit may be required, per Section 29-3- 10 of the Weld County Code. Currently the following
has been adopted by Weld County: 2012 International Codes; 2006 International Energy Code: 2014
National Electrical Code: A building permit application must be completed and two complete sets of
engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted
for review. A geotechnical engineering report performed by a registered State of Colorado engineer shall
be required or an open hole inspection . (Department of Building Inspection)
28. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
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29. Necessary personnel from the Weld County Departments of Planning Services. Public Works, and Public
Health and Environment shall be granted access onto the property at any reasonable time in order to
ensure the activities carried out on the property comply with the Conditions of Approval and Development
Standards stated herein and all applicable Weld County regulations
30. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards, as shown or stated, shall require the approval of an amendment of the Permit by
the Weld County Board of County Commissioners before such changes from the plans or Development
Standards are permitted . Any other changes shall be filed in the office of the Department of Planning
Services.
31 . The property owner or operator shall be responsible for complying with all of the foregoing Development
Standards_ Noncompliance with any of the foregoing Development Standards may be reason for
revocation of the Permit by the Board of County Commissioners.
32 . RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources. including, but not limited to. sand and gravel , oil , natural gas, and coal.
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state
face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational
plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology
and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving into these areas
must recognize the various impacts associated with this development Often times, mineral resource sites
are fixed to their geographical and geophysical locations. Moreover, these resources are protected
property rights and mineral owners should be afforded the opportunity to extract the mineral resource.
33. WELD COUNTY'S RIGHT TO FARM : Weld County is one of the most productive agricultural counties in
the United States, typically ranking in the top ten counties in the country in total market value of
agricultural products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture_ Persons moving into a rural area must recognize and accept there are
drawbacks. including conflicts with long-standing agricultural practices and a lower level of services than
in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural
areas: open views, spaciousness, wildlife, lack of city noise and congestion , and the rural atmosphere
and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld
County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities
will generate off-site impacts, including noise from tractors and equipment: slow-moving farm vehicles on
rural roads: dust from animal pens, field work, harvest and gravel roads: odor from animal confinement.
silage and manure; smoke from ditch burning; flies and mosquitoes: hunting and trapping activities:
shooting sports, legal hazing of nuisance wildlife: and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying. It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County. Section 35-3.5-102. C. R.S. . provides that an agricultural operation shall not be
found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume
that ditches and reservoirs may simply be moved "out of the way" of residential development. When
moving to the County, property owners and residents must realize they cannot take water from irrigation
ditches, lakes. or other structures, unless they have an adjudicated right to the water.
RESOLUTION USR15-0056
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PAGE 10
Weld County covers a land area of approximately four thousand (4.000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches available
resources. Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses. including law enforcement,
ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and
families to respond to emergencies. County gravel roads. no matter how often they are bladed. will not
provide the same kind of surface expected from a paved road . Snow removal priorities mean that roads
from subdivisions to arterials may not be cleared for several days after a major snowstorm . Services in
rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by
necessity. be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock. and open
burning present real threats. Controlling children's activities is important. not only for their safety, but also
for the protection of the farmer's livelihood.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, November 17, 2015
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building. Hearing Room, 1150 O Street, Greeley. Colorado. This meeting was called to order by Chair..
Jordan Jemiola, at 12:30 pm .
Roll Call.
Present: Benjamin Hansford, Bruce Johnson , Bruce Sparrow. Jordan Jemiola. Joyce Smock. Terry Cross.
Absent/Excused : Gene Stille. Michael Wailes, Nick Berryman .
Also Present: Kim Ogle, Chris Gathman, Diana Aungst. Michelle Martin, and Tom Parko, Department of
Planning Services; Wayne Howard . and Jennifer Petrik, Department of Planning Services — Engineering
Division: Lauren Light, Department of Health: Bruce Barker, County Attorney, and Kris Ranslem.
Secretary.
Motion: Approve the November 3, 2015 Weld County Planning Commission minutes, Moved by Bruce
Johnson, Seconded by Bruce Sparrow. Motion passed unanimously.
CASE NUMBER: USR15-0056
APPLICANT. LEE DETTERER
PLANNER. DIANA AUNGST
REQUEST_ A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY
USE. OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (RV AND BOAT STORAGE . AN OFFICE
BUILDING, AND A DUMP STATION) PROVIDED THAT THE PROPERTY IS
NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR
LOTS PARTS OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY
REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL)
ZONE DISTRICT.
LEGAL DESCRIPTION. LOT B AMD REC EXEMPT AMRE-984; BEING PART NW4NE4 SECTION 25.
T6N . R67W OF THE 6TH P. M . . WELD COUNTY. COLORADO.
LOCATION - NORTH OF AND ADJACENT TO CR 64 75 AND WEST OF AND ADJACENT
TO CR 23.75.
Diana Aungst, Planning Services. presented Case USR15-0056, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this
application with the attached conditions of approval and development standards.
Wayne Howard , Engineering, reported on the existing traffic, access and drainage conditions and the
requirements on site.
Lauren Light, Environmental Health , reviewed the public water and sanitary sewer requirements, on-site
dust control , and the Waste Handling Plan .
Scott McBride, 2200 San Miguel Drive, Severance, Colorado, stated that this site will include two Phases.
Phase 1 will include nine acres of open and covered RV and boat storage. Phase 2 will include 12 acres
of open and covered RV and boat storage. Jackie Dilka will be the caretaker of the facility and lives
adjacent to the site.
Mr. McBride stated that there will be a gated entrance. surveillance cameras, and a dump station on site.
They intend to keep the facility clean and maintained .
Jackie Dilka. 31815 CR 23. 75. stated that she spoke to the adjacent property owners and said that the
majority of comments were that they wanted the facility to be operated well and the site to be kept clean .
Lee Detterer. 11731 CR 66. Greeley. stated that he is the last farmer in the area. He said that he is
surrounded by Owen-Illinois. Vestas. a railroad maintenance yard and the railroad . He added with this
• proposed facility there is no noise. controlled and limited lighting , and minimal traffic.
EXHIBIT
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The Chair asked if there was anyone in the audience who wished to speak for or against this application.
David Ludwick. 11244 Hillcrest Drive. Greeley, Colorado. stated that he lives in the Hillcrest Estates
Subdivision . He said he was here a month ago for the industrial zone change for the rail yard east of this
site and because noise was a big issue. the Board of County Commissioners agreed to add a condition of
approval that a 12 foot berm be placed around that site. Mr. Ludwick asked to consider that a 12 foot
berm be placed around or at least the east side of this proposed facility. to be consistent.
Judy Firestien. 30951 CR 27, said that she is the Secretary and Board Member for Whitney Ditch
Company. She added that they submitted a referral to Weld County late yesterday. She said that
Whitney Ditch has a ditch that runs along the south side and east side of the property. She said that the
Ditch Company wanted to let the applicant know that a crossing agreement will be required if the
applicant will be crossing the ditch to enter the property.
Ms. Aungst said that according to the maps there was no evidence that the Whitney Ditch existed on this
property but according to Ms. Firestien it runs along the south and east side of the property. As a result,
staff requested that a condition of approval be placed in regard to this referral from the Whitney Ditch
Company.
Mr. McBride said that trees will be placed for screening on the east and south sides of the property.
Mr. Detterer didn't have any knowledge of the ditch company's concern. He said he contacted his
attorney and was told to say it is not acceptable. He added that there is a difference between the
Whitney Ditch and the Mercer Lateral. He said the ditch surrounding his property is the Mercer Lateral
and is its own company and is an unincorporated mutual ditch .
Commissioner Jemiola said he can understand the confusion and suggested that the proposed condition
be proposed before the Board of County Commissioners. Commissioners Hansford and Johnson said
that they feel it should be consistent and should attempt to address the issue. Ms. Aungst stated that the
recommended language is "The applicant shall attempt to address the requirements of the Whitney
Irrigation Company, as stated in the referral response dated November 16. 2015. Written evidence of
such shall be submitted to the Weld County Department of Planning Services. "
Motion : Add Condition of Approval as stated by staff, Moved by Benjamin Hansford, Seconded by
Bruce Sparrow.
Vote: Motion carried by unanimous roll call vote (summary : Yes = 6).
Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow. Jordan Jemiola. Joyce Smock, Terry Cross.
Commissioner Johnson stated that he hopes this can be addressed before the County Commissioner
hearing .
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Motion : Forward Case USR15-0056 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Bruce Johnson . Seconded by Bruce Sparrow.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Benjamin Hansford, Bruce Johnson , Bruce Sparrow. Jordan Jemiola, Joyce Smock, Terry Cross.
Meeting adjourned at 5: 12 pm.
Respectfully submitted,
Digitally signed by Kristine Ranslem
111)\-1-46nt-, eanalifieu Date: 2015. 1 1 .20 09: 17:35 -0700'
Kristine Ranslem
Secretary
2
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